Huckabone v. City of Jamestown, New York et al et al

Filing 14

ORDER directing Barry Daniel Lindsey to file in the docket verification that he is an attorney, if he is in fact an attorney, on or before 4/12/2012. Signed by Hon. Richard J. Arcara on 3/28/2012. (JMB)

UNITED STATES DISTRICT COURT
W ESTERN DISTRICT OF NEW YORK

LONNIE HUCKABONE,
Plaintiff,
ORDER
09-CV-602A

v.
CITY OF JAMESTOW N, NEW YORK, et al.,
Defendants.

The plaintiff, Lonnie Huckabone, is appearing pro se. Title 28 U.S.C.
§ 1654 provides that in federal court, “parties may plead and conduct their own
cases personally or by counsel as, by the rules of such courts, respectively, are
permitted to manage and conduct causes therein.” The law permits parties only
to "plead and conduct their own cases personally," Id.
Barry Daniel Lindsey has signed a proposed Amended Complaint [13], filed
on March 26, 2012, on behalf of plaintiff Huckabone as “legal advisor” and
“private counsel.” Mr. Lindsey has not complied with a March 6, 2012 Text Order
of the Court [12] directing him to advise the Court as to his status as a member of
the bar of this Court and as to related matters, but it appears that he may not
have received the Text Order directly. [Dkt. 3/26/2012 Remark]. Moreover, it
now appears that Mr. Lindsey may not be an attorney at all.
It is well settled that “an individual who is not licensed as an attorney ‘may

not appear on another person's behalf in the other's cause.’ ” Machadio v. Apfel,
276 F.3d 103, 106 (2d Cir.2002) (quoting Iannaccone v. Law, 142 F.3d 553, 558
(2d Cir.1998)). If Mr. Lindsey is not an attorney, he may not appear on behalf of
plaintiff Huckabone. Accordingly, Barry Daniel Lindsey is hereby
ORDERED to file in the docket of this case verification that he is an
attorney duly admitted to practice law, if he is an attorney, on or before April 12,
2012.
The Clerk shall mail a copy of this Order to Barry Daniel Lindsey, 914 East
2nd Street, Jamestown, New York 14701, and to Lonnie Huckabone at 230
Barrows Street, Jamestown, New York 14701.

SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
DATED: March 28, 2012